There are three types of disabilities under the Americans with Disabilities Act: a physical or mental impairment that substantially limits one or more major life activities (an “actual disability”), or a record of a physical or mental impairment that substantially limited a major life activity (“record of”), or an actual…
When you have a man and woman performing the same job, you pay ’em the same. Otherwise, you’re violating the Equal Pay Act. Except, an employer can argue that a pay differential is lawful when it’s “based on any other factor other than sex.” [cue music] So, for example, when I’m…
Yesterday, the Senate voted 60-38 to confirm Alexander Acosta as the next Labor Secretary. He becomes the first Latino in President Trump’s cabinet. Back in February, I provided more background on Mr. Acosta. You can view that here. So what’s on Mr. Acosta’s plate as he takes over the DOL? I’ve…
Yep. That’s me after reading yesterday’s Google Alerts; the ones I set up to capture employees doing dumb stuff on social media. Hey, before I get to today’s social media booty (pun, toooooootally intended), I want to remind you about two free live seminars I’m presenting with my friends at Kistler…
With all due respect to the United States Court of Appeals for the Second Circuit, I’m glad, at least for this month, that I don’t practice there. You see, as I blogged here on Monday, the Second Circuit ok’d/protected an employee’s vicious, profanity-laced, social-media tirade against his boss, his boss’s mother,…
I was wondering how I’d top yesterday’s lesson on how to curse out your boss, his mom, and his entire family on Facebook…and keep your job. So, how about we do Family and Medical Leave Act and social media in one post! Yasssssssssssss! At this blog, that’s like the HR-compliance…
What the f*&k?!? I blogged about this case about two years ago (here), when it was pending before the National Labor Relations Board. In involves an employee who, on his work break, took out his iPhone, went on his personal Facebook page. Once on FB, the employee spewed about his boss, calling…
It may not have occurred exactly as I’ve depicted above. Although, this accompaniment foreshadows a strong second career in musical direction for the Bloggerking, amirite? Ok, so maybe my GifJif is a complete dramatization of Wednesday’s Order from District Judge Mitchell Goldberg in the Eastern District of Pennsylvania. Still, big news! Judge Goldberg stayed Philadelphia’s…
Yesterday, at approximately 5:18 PM EDT, all of the associates at my law firm received the same email. It was from one of my partners, encouraging them to sign up to receive daily updates to this blog via email. “You will learn something from him nearly every day of the…
Can you believe this song is five years old? Under the Family and Medical Leave Act, an employee must follow the employer’s “usual and customary” procedures for requesting FMLA leave absent “unusual circumstances.” True dat. True dat. Employee fails to follow a detailed call-out procedure; gets suspended. In Acker…